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Stephen Vokes - Paragraph 276ADE (1) (vi) of the Rules

Although there is Home Office guidance as to “very significant obstacles to the applicant’s integration into the country to which he would have to go” it appears to me to be open to argue that by examining a persons’ links to the UK it is possible to submit that they would not be able to re-integrate if it means having a normal life by the standards of that country.

In concrete form FM was an Afghani asylum seeker who came to the UK whilst a minor, and had integrated into British society. He claimed that he could not now reintegrate into Afghani society because his formative years as a teenager had lead him to a “Western” life style which would be alien in Kabul. It was also claimed that he would not now fit into Afghani society because of his background, and as a result would be destitute if returned because of the alien culture.

The matter reached the Upper Tribunal, and after error of law was found by the President, Upper Tribunal Judge Finch heard the appeal on this point under Paragraph 276ADE (1) (vi). Evidence was called from the former foster parent of the Appellant as to the fact she was subsidising a young former asylum seeker who had been placed with her, who had been returned to Afghanistan because he would have been destitute without her financial support. Other evidence was called in respect of television program making on the fate of young returned asylum seekers and the Tribunal reviewed the academic evidence in relation to young Afghani asylum seekers.

However after reviewing the evidence the appeal was dismissed on the basis that the Appellant could form an adequate private life by the standards of Afghanistan; which was the proper test and not the standards in the UK. Given the precariousness of private life even in Afghanistan for these young men this conclusion is perhaps not self-evident.

There is indeed a further challenge before the Upper Tribunal to be heard by a panel on the same point with expert evidence being called on the vexed question of the return of young failed asylum seekers to Kabul. It will be interesting to see what conclusions are made.

Stephen Vokes

Lexis®PSL Immigration 2016 Cases - Review of the Year

Review of the year

This free summary of 2016’s key cases for immigration lawyers (June to December 2016), written by Adam Pipe of No.8 Chambers, is available for download now. The review has been brought to you by Lexis®PSL Immigration experts.

No.8 Chambers have again been ranked Band 1 for Immigration in the Midlands by Chambers & Partners 2017

No.8 Chambers have once again been ranked Band 1 for Immigration in the Midlands by Chambers & Partners 2017. Stephen Vokes, Emma Rutherford and Adam Pipe are ranked barristers (Stephen is Band 1, Emma and Adam are Band 2)

From the Chambers UK Bar guide:

THE SET

Number 8 Chambers offers an impressive depth of immigration law talent in the Midlands Circuit. The set is noted by observers for its deep bench of seasoned barristers and experience across a broad spectrum of immigration matters, including asylum, nationality and refugee issues.

JUNIORS

Stephen Vokes

A well-regarded immigration law specialist who is admired for his depth of experience and excellent case preparation. He is a seasoned counsel for both High Court and Court of Appeals proceedings, with experience of a broad range of immigration and asylum cases.

Strengths: "He is extremely experienced, well prepared and able to find solutions to complex legal arguments."

Adam Pipe

Handles a broad range of immigration and asylum law cases. He regularly handles cases before the Immigration Tribunal, the Administrative Court and the Court of Appeal.

Emma Rutherford

Offers a respected immigration law practice, while also impressing in criminal law matters and civil litigation. Strengths: "She is a brilliant advocate who is well liked by clients and judges."

Tribunal fee rise is a threat to migrants’ rights - read the letter published in The Guardian

Adam Pipe has co-signed the following letter with other leading immigration/human rights lawyers. This letter has been published in The Guardian.


We write to express serious concerns about the government’s proposals to significantly increase immigration and asylum tribunal fees. This increase, of up to 500%, will put justice beyond the reach of some of the most vulnerable. The House of Commons justice committee has expressed “considerable concern” about these plans and questioned the evidence upon which the government is basing its fees reforms. We urge the government to examine the findings of the committee properly and rethink its proposals, which will harm vulnerable people, including families and children.

The government must also seriously consider the responses it has received to its recent consultation. The increase in fees would disproportionately affect people from ethnic minorities and prevent those most in need from accessing justice. The quality of Home Office immigration decision-making remains poor in many cases, and this increase would prevent even those who do have a right of appeal from exercising that right. It would cost £4,000 for a family of five to appeal, clearly preventing the vast majority of immigrants from challenging unlawful decisions. The proposals exempt those in receipt of legal aid from paying; however, most immigration cases are out of scope for legal aid, therefore only a small minority will benefit from this.

We agree with the Equalities and Human Rights Commission that imposing court fees at the level proposed is likely to breach the European convention on human rights and may be unlawful. The government should be working to ensure justice for vulnerable people including minors and asylum seekers rather than making it harder for them to access courts. The consequences of such a denial of justice will be more parents separated from their children, victims of domestic violence left destitute and vulnerable people at risk of serious human rights abuses. Access to justice is fundamental to the rule of law and we urge the government not to proceed with this proposed increase in court fees.

  • Professor Sir Geoffrey Bindman QC
  • Lord Lester of Herne Hill QC
  • Professor Roger Smith
  • John Wadham Human rights lawyer
  • Stephanie Harrison QC Garden Court Chambers
  • Raza Husain QC Matrix Chambers
  • Stephen Knafler QC Landmark Chambers
  • Hugh Southey QC Matrix Chambers
  • Liz Barratt Joint head of immigration, Bindmans LLP
  • Jamie Beagent Partner, Leigh Day
  • S Chelvan No5 Chambers
  • Celia Clarke Director, Bail for Immigration Detainees
  • Nicole Francis Chief executive, Immigration Law Practitioners’ Association
  • Steve Hynes Director, Legal Action Group
  • Shoaib M Khan Human Rights Lawyer
  • Zane Malik 12 Old Square Chambers
  • Adam Pipe No 8 Chambers
  • Jane Ryan Bhatt Murphy Solicitors
  • Martha Spurrier Director, Liberty
  • Alison Stanley Joint head of immigration, Bindmans LLP
  • Steve Symonds Refugee and migrant rights programme director, Amnesty International UK
  • Solange Valdez Solicitor and director of the Project for the Registration of Children as British Citizens (PRCBC)
  • Adam Wagner One Crown Office Row Chambers
  • Colin Yeo Garden Court Chambers

We are immigration lawyers who are appalled at the increase in racist attacks and racist abuse that have been reported since the referendum. The status of EU nationals has not changed as a result of the vote in the referendum. It is now vital that every EU citizen living in the UK is given a cast iron legally binding commitment that their right of residence will be guaranteed whatever the constitutional arrangements coming out of the referendum vote.

Moreover, opting for fresh restrictions on immigration will not undermine racism, it will only feed it. David Cameron’s renegotiation put the removal of benefits from EU migrants at its heart and set in motion a horrible bidding war. We reap what we sow. Restrictions on EU migrants will set off further demands for restrictions on non-EU migrants who make up the majority of those coming to the UK. The vicious cycle will deepen.

Nor will restrictions limit the numbers, they will simply normalise the hostility. Immigration into Britain is going to continue and thank goodness for that. If the immigrants who work in our NHS, our schools, our businesses, were forced out of the UK, or made so unwelcome they started to leave, the consequences for the economy, the NHS and public services would be disastrous and tit for tat expulsions of British nationals from EU countries would beckon. The extension of the “points-based system” (PBS) for EU migrant workers would extend the massive red tape involved in the current PBS system. Worse, by tying every worker to a specific job it allows unscrupulous employers to browbeat and pressure those on a PBS visa, threatening to create divided workforces.

We want a Britain that welcomes immigrants and provides safety to refugees; we want a vibrant, multicultural Britain with real social justice, not the decay and decline suffered by so much of the UK’s population for 30 years or more. We have more in common than divides us. Let’s take that message into our communities, into our workplaces and on to the streets.

  • Ian Macdonald QC Garden Court Chambers
  • Edward Mynott Tribunal advocate
  • Mikhil Karnik Barrister, Garden Court North Chambers
  • John Nicholson Barrister, Kenworthys Chambers
  • Jonathon Holt Barrister, Garden Court North Chambers
  • Vijay Jagadesham Barrister, Garden Court North Chambers
  • Herbert Ekitok
  • Benjamin Williams Pupil barrister, Garden Court North Chambers
  • Rachel Evans WTB Solicitors
  • Jackie Mason Broudie Jackson Canter Solicitors
  • Clita Johnrose Immigration lawyer
  • Arshia Hashmi Simpson Millar LLP
  • Lucy Mair Barrister, Garden Court North Chambers
  • Richard Bednarek
  • Natalie Williams Barrister, Garden Court North Chambers
  • Kerry Smith Barrister, Garden Court North Chambers
  • Rob Worthington
  • Fazil Mustafa
  • Anisa Niaz Barrister, Kenworthys Chambers
  • Yasmin Weston
  • George Brown Barrister, Kenworthys Chambers
  • Shazia Khan Barrister, Kenworthys Chambers
  • Peter Simm
  • Denise McDowell Greater Manchester Immigration Aid Unit
  • Julian Bild
  • Gita Patel Barrister, Kenworthy’s Chambers
  • Julia Weatherall Barrister, Cathedral Chambers
  • Corin Timson Barrister, 2 King’s Bench Walk
  • Nilufar Miah TM Fortis Solicitors
  • Mark Schwenk Barrister, Kenworthy’s Chambers
  • Sumita Gupta
  • Emma Brooksbank Simpson Millar
  • Gary McIndoe Solicitor, Latitude Law
  • Shara Pledger Solicitor, Latitude Law
  • Gemma Wylie Chartered legal executive, Latitude Law
  • Alex Wright Solicitor, Latitude Law
  • Catherine Banks Caseworker, Latitude Law
  • Ryan Bestford Greater Manchester Immigration Aid Unit
  • Dr Tanzil Chowdhury Development worker, Greater Manchester Law Centre (Steering Group)
  • Helene Santamera Broudie Jackson Canter Solicitors
  • Stephen Medley-Daley Broudie Jackson Canter Solicitors
  • Bryony Rest David Gray Solicitors
  • Amy Stolting David Gray Solicitors
  • John Cahill Immigration Advice Service
  • Helen Smith North Star Law
  • Kate Ormsby Greater Manchester Immigration Aid Unit